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In re Crowder

Mar
17
2006
Ruling
Attorney was ordered to return half of the fees the debtor paid to the attorney since the fees exceeded the reasonable value of the rendered services.
Procedural posture

In a chapter 13 matter, the court, on its own motion, scheduled a hearing to examine the professional compensation of debtors'former attorney. The matter was pending decision.

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opinion summary, case decided on March 17, 2006 , LexisNexis #0406-010
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Chapman v. Fuget (In re Fuget)

Mar
14
2006
Ruling
Court excepted from discharge an amount representing the money and property the debtors acquired from the creditor based on false representations.
Procedural posture

Plaintiff creditor asserted that defendants, debtors, fraudulently acquired over $50,000 in cash, two automobiles, and her home from her. The creditor asked that the debt be determined to be $128,000 and that this amount be excepted from discharge under 11 U.S.C. § 523(a)(2)(A), (a)(4) and (a)(6).

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opinion summary, case decided on March 14, 2006 , LexisNexis #0306-124
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In re Martinez

Mar
13
2006
Ruling
Debtor was denied a motion for additional time to file a certificate of completion of a financial management course.
Procedural posture

Debtor filed a motion seeking additional time to file a certificate of completion of a financial management course as required by 11 U.S.C. § 727(a)(11).

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opinion summary, case decided on March 13, 2006 , LexisNexis #0306-137
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Fliss v. Iowa Dept of Revenue (In re Fliss)

Mar
08
2006
Ruling
Debtors' state income tax liabilities were deemed nondischargeable since the debtor had intentionally omitted embezzled money from the debtors'state tax returns.
Procedural posture

Plaintiff debtor filed a chapter 7 petition. The debtor brought an action against defendant Iowa Department of Revenue ("IDR") to determine that her income tax liabilities to the state of Iowa were discharged. The IDR asked that the unpaid taxes be excepted from discharge because her tax returns were fraudulent and because she willfully attempted to evade or defeat the taxes.

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opinion summary, case decided on March 08, 2006 , LexisNexis #0306-123
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In re Anderson

Feb
06
2006
Ruling
Debtors'petition was dismissed since the husband debtor failed to provide a certificate of counseling or exigent circumstances and the wife's certificate of exigent circumstances failed to show an inability to obtain counseling services before circumstances worsened.
Procedural posture

Bankruptcy debtors, husband and wife, filed a joint chapter 7 bankruptcy petition, and the debtors moved under 11 U.S.C. § 109 for exemption from the requirement that they obtain a briefing from an approved nonprofit budget and credit counseling agency before filing bankruptcy.

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opinion summary, case decided on February 06, 2006 , LexisNexis #0206-054
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In re Bakker

Jan
27
2006
Ruling
Debt owed to a supplier was dischargeable since the supplier had failed to show fraud by the debtors.
Procedural posture

Defendant debtors, a husband and a wife, sought to discharge debt owed to plaintiff supplier. The supplier challenged the dischargeability of debt under 11 U.S.C. §§ 523(a)(2), 727(a)(4)(A), (a)(4)(C), (a)(5) and (a)(7).

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opinion summary, case decided on January 27, 2006 , LexisNexis #0206-074
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Gallagher Langlas & Gallagher P.C. v. Clair (In re Clair)

Jan
25
2006
Ruling
Attorneys were denied summary judgment since a material issue remained as to whether an award of attorneys'fees to a debtor's former wife was intended to be a maintenance or support obligation and, thus, whether it was exempt from discharge.
Procedural posture

In a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(I), (J), plaintiff law firm sought to recover from defendant debtor a sum of attorneys'fees that the debtor was ordered to pay pursuant to a divorce. The firm moved for summary judgment.

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opinion summary, case decided on January 25, 2006 , LexisNexis #0206-036
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In re Stout

Jan
09
2006
Ruling
Trustee was granted motion to dismiss the debtor's case since the amounts the debtor budgeted for the debtor's daughter's home schooling and ice skating lessons constituted a substantial abuse of chapter 7.
Procedural posture

The U.S. trustee moved to dismiss the debtor's chapter 7 case pursuant to 11 U.S.C. § 707(b) on the grounds that the filing constituted a substantial abuse of the provisions of chapter 7.

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opinion summary, case decided on January 09, 2006 , LexisNexis #0206-119
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